MetroPCS 4G Data-Blocking Plans May Violate Net Neutrality

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MetroPCS 4G Data-Blocking Plans May Violate Net Neutrality

MetroPCS, the nation's fifth largest mobile carrier, announced earlier this week it was offering new pay-as-you-go mobile data plans for its 4G network that would block online video streaming – except for YouTube – for its lowest level plan, and block the use of internet phone-calling apps for all plans.

While the company says the plans are intended to give customers the choice of levels of service, the plans seem to be in conflict with the FCC's new net neutrality rules. Those controversial rules, passed just before Christmas, prohibit mobile carriers from blocking access to websites or "blocking applications that compete with the provider's voice or video telephony services, subject to reasonable network management."

It's not clear what services MetroPCS will allow or block on each plan. But blocking any online video site arbitrarily seems to be a clear violation of the new net neutrality rules.MetroPCS' announcement comes just weeks after the FCC issued new rules that would require cable and DSL companies to allow customers to use the applications, devices and services of their choice without the companies creating fast and slow lanes of traffic. However, the FCC is applying only a subset of those rules to mobile wireless companies. Nearly all the rules for all carriers include an exception for "reasonable" network management.

That phrase, critics say, leaves a gaping loophole, and MetroPCS seems to be trying to use it.

"The FCC rules are so vague and vaporous that it's unclear," said Art Brodsky, the communications chief for the pro-net neutrality group Public Knowledge. "Under normal conditions, we'd start screaming this is a violation of net neutrality."

For instance, VoIP calls are explicitly blocked in MetroPCS' terms of service as an application that causes too much stress on its network. The terms of service also seem to make it possible for MetroPCS to block other online services that one might consider "web browsing," such as the online personalized radio station Pandora.

The company claims the right to block users from dialing certain phone numbers, at their discretion, even though common carrier rules, the cousin of net neutrality rules that apply to the phone system, require phone companies to connect all calls.

MetroPCS is offering three monthly plans for its 4G service: a $40, $50 and $60 plan. Parsing them is quite a challenge.

The $40 plan offers "unlimited talk, text, 4G web browsing with unlimited YouTube access." Evidently, visiting other video sites is not included in unlimited web browsing. And unlimited browsing appears to have a limit of 1-GB per month, though it's all very vague.

For $10 more, you get international text messaging, "mobile instant messaging, corporate e-mail and 1 GB of additional data access, with premium features available through MetroSTUDIO™ when connected via Wi-Fi, including audio capabilities to listen and download music and access to preview and trial video content."

It's not clear what services MetroPCS will allow or block on each plan. But blocking any online video site arbitrarily looks to be a clear violation of the new net neutrality rules.

Or, as the FCC wrote in its 180-page order: "End users expect to be able to access any lawful website through their broadband service, whether fixed or mobile. Web browsing continues to generate the largest amount of mobile data traffic, and applications and services are increasingly being provisioned and used entirely through the web, without requiring a standalone application to be downloaded to a device. Given that the mobile web is well-developed relative to other mobile applications and services, and enjoys similar expectations of openness that characterize web use through fixed broadband, we find it appropriate to act here."

But MetroPCS seems to be saying that it's going the cable-menu route, allowing users to get basic, limited web browsing for a lower rate and the full net at a premium:

"Our 4G LTE network can deliver unlimited voice and mobile broadband data services and, with these new service plans, consumers are in the driver's seat on how much additional data access and real-time entertainment content they want to pay for on a monthly basis," said Roger D. Linquist, president, CEO and chairman of MetroPCS in a press release.

A company representative did not return a call seeking comment.

But their terms of service make clear that the company has the right to look deeply at what you are doing, throttle data usage, and even block websites, even though the new FCC rules prohibit the latter (subject to reasonable network management).

You acknowledge and agree and authorize MetroPCS to alter for you, as your agent, such Data Content and to restrict or deny access to certain sites or Internet addresses for any reason. You acknowledge and agree that such alteration that MetroPCS may or will perform on your behalf as your agent may include our use of Data Content traffic management or shaping techniques such as, but not limited to delaying or controlling the speeds at which Data Content is delivered, reformatting the Data Content, compressing the Data Content, prioritizing traffic on MetroPCS’ network, and placing restrictions on the amount of Data Content made available based on the Agreement. You further acknowledge that MetroPCS may not be able to alter such Data Content for you merely by reference to the Internet address and therefore acknowledge and agree that MetroPCS may examine, including, but not limited to Shallow (or Stateful) Packet Inspection and Deep Packet Inspection, the Data Content requested by you while using the MetroWEB Service to determine how best to alter such Data Content prior to providing it to you.

Explicitly blocked are using your phone camera to continually broadcast video or using VOIP services such as Skype.

However, the FCC rule states that mobile carriers cannot "block applications that compete with the provider's voice or video telephony services, subject to reasonable network management."

The FCC says it will enforce the rules on a case-by-case basis and for mobile operators will have to look into issues of efficient network usage.

An FCC representative did not respond to a request for comment.

Or as the order says: "Thus, in determining whether a network management practice is reasonable, the Commission will consider technical, operational, and other differences between wireless and other broadband Internet access platforms, including differences relating to efficient use of spectrum. We anticipate that conditions in mobile broadband networks may necessitate network management practices that would not be necessary in most fixed networks, but conclude that our definition of reasonable network management is flexible enough to accommodate such differences."

Which is to say, MetroPCS seems to be in violation of these rules, but it's not clear if the FCC would actually rule that to be the case.

Or as the old journalistic saw goes, only time will tell (subject to reasonable network management).